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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
DEVESH SHARMA S/O SHRI SHIVSHANKAR SHARMA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 09.12.2024 passed by the Additional Sessions Judge No.6, Jaipur Metropolitan-I (hereinafter referred to as ‘Revisional Court’) in Criminal Revision Petition No.13/2024, by which the revision petition submitted by the complainant-respondent has been allowed and the order dated 08.01.2024, passed by the Metropolitan Magistrate No.8, Jaipur Metropolitan-I in the proceedings arising out of FIR No.23/2021 and FR No.01/2023 registered with the Police Station Shipra Path, Jaipur City (South) has been set aside and the matter has been remanded back to the learned Magistrate to pass fresh orders after hearing both the sides.
2. Learned counsel for the petitioner submits that the complainant-respondent No.2 has lodged FIR No.23/2021 with the Police Station Shipra Path, Jaipur City (South) against the petitioner for the offences punishable under Sections 376(2)(n) and 420 IPC with the allegations that the petitioner developed physical relationship with her on the pretext of false promise of marriage. Counsel submits that the victim is in habit of lodging sim
The Magistrate's discretion in accepting or rejecting police final reports is paramount, and the Revisional Court's role is limited to ensuring no legal errors occurred in the lower court's proceedin....
An order summoning an accused in a criminal case is not an interlocutory order and revision is maintainable. The Magistrate must apply his mind to the facts of the case and law governing the issue an....
A Magistrate must independently evaluate evidence and not solely rely on police conclusions when dismissing a complaint; proper procedures under the Code of Criminal Procedure must be followed.
A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.
The main legal point established in the judgment is the magistrate's jurisdiction to disagree with the police report, take cognizance, and issue process and summons to the accused, as well as the cou....
The recorded statement under Section 164 Cr.P.C. carries greater evidential weight than one under Section 161, and a Magistrate can lawfully accept a closure report when supported by credible evidenc....
An order accepting a final report under Section 362 Cr.P.C. is a final order that cannot be recalled without sufficient reasoning, although procedural reviews may be permissible under specific circum....
A Magistrate must independently assess evidence in a complaint under Section 190 Cr.P.C., disregarding police conclusions if sufficient grounds for proceeding exist, ensuring due process is followed.
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